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16 - Personnel Policy AmendmentsItem No. 16 TO: City Council John Godwin, City Manager FROM: Gene Anderson, Finance Director SUBJECT: REVISIONS TO CITY PERSONNEL POLICIES AND PROCEDURES DATE: October 10, 2018 BACKGROUND: The City has written personnel policies and procedures. From time to time it is necessary to update or make additions/deletions to the City's personnel policies and procedures. STATUS OF ISSUE: City staff is bringing recommendations regarding the following sections: Section 1.03 adds a basic At -Will Employment statement to the policy book. Section 14.01 provides a written statement of the existing administrative guidelines concerning holidays. Section 14.13 places in writing the existing administrative requirement of 100% participation in the medical insurance plan. Section 15.15 adds basic Social Media guidelines for employees to the policy book. Section 15.16 adds rules requiring employees to notify their supervisor of their alleged violations of the law. BUDGET: N/A RECOMMENDATION: Motion to approve the proposed changes to the City personnel policies and procedures. SECTION 1.03 — At -Will Em t"ent Employment with the City is for no fixed or definite term. All employment by the City has been and continues to be at -will, except for those positions that may have a written contract approved by the City Council. That means that both the employee and/or the City have the right to terminate employment at any time, with or without notice, and with or without cause. This Employee Handbook does not constitute a contract of employment. Nothing in this handbook is intended to alter the continuing at -will status of employment with the City. Nothing contained in a City Ordinance or Resolution constitutes a contract of employment, and the City has the right to change the content of City Ordinances or Resolutions related to employment matters at any time, with or without notice, and with or without cause. SECTION 14.01— Holidays A. As many employees as possible are given each holiday off consistent with the maintenance of essential City functions. Employees in departments whose duties require the conduct of scheduled work on holidays, receive additional leave days (8 hours per day, Fire and Emergency Medical Services 12 hours per day, ) to equal the number of holidays worked or may choose to be paid the extra hours of holiday time in the same payroll period that the holiday occurs. Thirty (30) is the maximum number of holidays that can be carried forward from one calendar year to the next. SECTION 14.13 — Health Insurance Health insurance coverage through the City's group health insurance provider is mandatory for all regular full-time City employees except for those employees who provide written proof that they are covered under military health insurance. City employees who are exempt from coverage under the City's group insurance plan are not entitled to receive funds budgeted by the City for employee medical benefits. The cost of employees' insurance benefits will be established by the City Council. This coverage begins ninety (90) days from the date of employment. The company providing coverage will be made known to employees at the time of employment. If necessary, the City reserves the right to substitute another carrier with similar insurance. Complete details on the extent of coverage are available in the Human Resources Office. Coverage is available for dependents at the employee's expense. Where City policy is in conflict with the City's group health insurance provider's eligibility guide, City policy shall be followed. SECTION 15.15 — Social Media An employee's use of social media, both on and off duty, must not interfere with or conflict with the employee's duties or job performance, reflect negatively on the City or violate any City policy. The intent of these standards is to regulate the creation and distribution of information concerning the City, its employees and citizens through electronic media, including, but not limited to online forums, instant messaging and internet social media and blogging sites. This policy is designed to protect the City's reputation and ensure that an employee's communications not only reflect positively on the employee as an individual, but also on the City. The term "social media" encompasses: tweets and twittering, Facebook, LinkedIn, blogs, and other online journals and diaries; bulletin boards and chat rooms, microblogging and all other social networking sites, instant messaging and the posting of video on YouTube and similar media. Use of City's Internet Use of the City's Internet is a privilege and City employees must be responsible and ethical in its use. The City may monitor an employee's access, use, and postings to the City's Internet to: ensure compliance with internal policies; support the performance of internal investigations; assist management of information systems; and for all other lawful purposes. The City expects all employees to follow the Guidelines below when posting information on the City's Social media sites. Other Citi, Policies, This policy should be read and interpreted in conjunction with other City policies, including but not limited to, policies prohibiting harassment, discrimination, offensive conduct or inappropriate behavior. Violations of the Social Media Policy may lead to disciplinary action. The City provides an effective system for employee complaints "off-line" through the "General Complaint and Grievance" policy without resorting to social media. EMPLOYEE GUIDELINES: Use of City's Social Media on Work Time A. Any blogging or posting of information on the Internet or other City social media sites must comply with the City's guidelines, regardless of where the blogging or posting is done. B. Blogging, or posting information of a personal nature on the Internet or other City social media sites is prohibited during work hours. Employees are not permitted to engage in social networking of a personal nature while using any of the City's electronic social media sites. C. Employees must obtain written authorization from the City Manager or the IT Director to update or post on social media sites on behalf of the City and all content must be approved prior to posting. All of the employee's time spent updating or posting on City social media sites as part of the employee's job duties is compensable time that must be reported and counted in the calculation of overtime. D. No use of social media on work time and on City equipment on City -operated networks is considered private or confidential, even if password protected or otherwise restricted. The City reserves the right to access, intercept, monitor and review all information accessed, posted, sent, stored, printed or received through its communications systems or equipment at any time. E. Never disclose any confidential information concerning another employee of the City in a blog or other posting to the Internet. Posting of confidential information may violate state law and subject the user to criminal penalty. All requests for City documents must be processed through the Public Information Act. F. Employees must abide by all federal and state law and policies of the City with regard to information sent through the City's Internet. G. Individual supervisors do not have the authority to make exceptions to these guidelines. EMPLOYEE GUIDELINES: Use of Personal Social Media While not on Work Time The City recognizes that many City employees utilize social media when not at work. The City requires that employees be aware of guidelines regarding posting of work-related information on personal social media sites, and they are listed below. A. If the employee's social networking includes any information related to the City, the employee must make it clear to the readers that the views expressed are the employee's alone and not reflective of the views of the City. B. Employees are encouraged to act responsibly on and off duty, and to exercise good judgment when using social media. Recognize that postings on your social media site, even if done off premises and while off duty, could have an adverse effect on the City's legitimate business interests. C. Respect coworkers and the City. Do not put anything on your personal social media site that may defame, embarrass, insult, demean or damage the reputation of the City or any of its employees. D. Postings on your personal social media site that may constitute violation of the City's Harassment policy is prohibited. Posting any pornographic pictures of any type that could identify you as an employee of the City is prohibited. Be mindful that the City's harassment policy covers both work and non -work time, including postings on social media sites. E. Posting pictures of yourself or others on your personal social media site containing images of City uniforms or insignia, City logos, City equipment or City work sites is prohibited. F. Posting information on your personal social media site that could adversely impact the City and/or an employee or a person in the application process of becoming an employee of the City is prohibited. G. Do not permit or fail to remove postings violating this policy, even when placed by others on your social media site. SECTION 15.16 — Arrests Confinements and Indictments City employees including civil service are subject to disciplinary action and/or job restrictions for violations of law. This policy applies to acts prohibited by law that result in charges being filed, arrest, confinement, indictment, and/or conviction, as well as to acts prohibited by law not resulting in charges filed, arrest, confinement, or indictment. PROCEDURE EMLIgy q Notice of Felon; and Misdemeanor Charges: Employees must immediately notify their supervisor and/or Department Director within seventy-two (72) hours if they are arrested, charged, indicted, convicted, receive deferred adjudication, or plead nolo contendere to any misdemeanor or felony. Employees who do not drive as a part of their job duties with the City are not required to report minor traffic violations. Failure to report these events in a timely manner may result in immediate termination. Em_ploy�ee Status after Alleged Violation of Law: At the time the employee's department is made aware of an employee's arrest or conduct constituting an offense, the Department Director shall consult with Human Resources to determine available options which may include, but are not limited to: • allowing the employee to return to regular duty with pay; • allowing the employee to return to restricted duty with pay; • placing the employee on paid administrative leave; • placing the employee on unpaid administrative leave; or • terminating the employee. Emhaloyee Status after Adjudication: Once the indictment or information is dismissed or fully adjudicated without trial, and if tried, until the trial and appeal (if any) are computed and all related administrative matters are completed, the Department Director will determine, in conjunction with Human Resources Director the status of the employee. An employee on administrative leave may, in the City's sole discretion, be reinstated to the position held before being placed on administrative leave (if available), if the indictment or information is dismissed, the employee is acquitted, or the conviction is reversed on appeal. Disciplinary Action: Disciplinary action may be pursued concurrently or in place of the above options or imposed at a later date. Multiple violations of law or confinements within a prescribed time period may also result in disciplinary action. ViolationsofLaw Discovered through Criminal Histoa�Check: The City may conduct criminal history checks on existing employees at any time during their employment, for any reason. Conduct constituting an offense, arrest or conviction that is discovered may result in disciplinary action, up to and including termination.